In re Sony PS3 “Other OS” Litigation
www.OtherOSsettlement.com

FAQs

Helpful Hint: Using the general subject of your question may provide the best search results. For example, enter the word "hearing" in the search box to find information about the Settlement's Fairness Hearing.

1. WHY DID I GET A NOTICE?

You received a Notice because you may have purchased a Fat PS3 from an authorized retailer between November 1, 2006, and April 1, 2010. The Notice explains the lawsuit, the settlement, your legal rights, what settlement benefits are available, who is eligible for them, and how to get them.

The Court authorized the Notice because you have a right to know about the proposed Settlement and all of your options before the Court decides whether to approve the Settlement. Cash payments will be provided if the Court approves the Settlement and all objections and appeals are resolved. You will be informed of the progress of the Settlement on this Settlement Website.

The Court in charge of the case is the United States District Court for the Northern District of California, and the case is known as In re Sony PS3 “Other OS” Litigation, U.S. District Court, N.D. Cal., Case No. C-10-1811 (YGR) (the “Lawsuit”). The consumers who sued are called “Plaintiffs” and/or “Class Representatives” and the company they sued, SCEA, is called the “Defendant.”

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2. WHAT IS THIS LAWSUIT ABOUT?

The Lawsuit claims that disabling the Other OS functionality in Fat PS3s through a firmware update constituted an unfair and unlawful business practice and false advertising. The lawsuit seeks recovery of monetary damages to compensate Fat PS3 purchasers for the loss of the Other OS feature and functionality. The Second Amended Complaint filed in the lawsuit, which is available here, contains all of the allegations and claims asserted against SCEA.

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3. HOW DOES SCEA RESPOND TO THE ALLEGATIONS?

SCEA expressly denies that it did anything wrong and does not admit or concede any actual or potential fault, wrongdoing, or liability in connection with any facts or claims that have been alleged against it in the Lawsuit.

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4. HAS THE COURT DECIDED WHO IS RIGHT?

No. The Court has not decided which of the Parties, Plaintiffs or SCEA, is right.

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5. WHAT IS A CLASS ACTION AND WHO IS INVOLVED?

In a class action, the “Class Representatives” sue on behalf of themselves and other people who have similar claims (the Class Members). This lawsuit has five Class Representatives: Anthony Ventura, Jason Baker, Jonathan Huber, James Girardi, and Derek Alba. One court resolves the issues for all Class Members except those who exclude themselves from the Class. U.S. District Court Judge Yvonne Gonzalez Rogers is in charge of this class action.

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6. WHY IS THERE A SETTLEMENT?

The Court hasn’t decided in favor of either Plaintiffs or SCEA. Instead, both sides agreed to a Settlement. That way, they avoid the costs, uncertainty, and delay of further legal proceedings and the people affected will get the benefits of this Settlement. The Class Representatives and the attorneys appointed to represent the Class (called “Class Counsel”) believe the Settlement is in the best interest of all Class Members.

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7. HOW DO I KNOW IF I AM PART OF THE SETTLEMENT?

To see if you will be part of the Settlement, you must decide whether you are a member of a Settlement Class.

This lawsuit has two classes. You are a member of the Settlement Class if you belong to either:

  • Consumer Class A: You purchased a Fat PS3 in the United States between November 1, 2006 and April 1, 2010, from an authorized retailer for family, personal, and/or household use and used the Other OS functionality after installation of a Linux operating system on your Fat PS3; or
  • Consumer Class B: You purchased a Fat PS3 in the United States between November 1, 2006, and April 1, 2010, from an authorized retailer for family, personal, and/or household use.

IF YOU BOUGHT A FAT PS3 BETWEEN NOVEMBER 1, 2006 AND APRIL 1, 2010, BUT ARE UNSURE WHAT BENEFITS YOU ARE ELIGIBLE TO RECEIVE, WHETHER YOU ARE A MEMBER OF THE SETTLEMENT CLASS, OR WHAT YOUR OPTIONS ARE, YOU MAY CONTACT THE SETTLEMENT ADMINISTRATOR AT 1 (855) 720-1264, INFO@OTHEROSSETTLEMENT.COM, OR YOU CAN REVIEW THE SETTLEMENT DOCUMENTS ON THIS SETTLEMENT WEBSITE.

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8. WHAT DOES THE SETTLEMENT PROVIDE?

The Settlement, if it is approved and becomes final, will provide cash payments, the amount of which depends on which class you are in. This Settlement Website explains who is eligible to receive a cash payment. In short, you are eligible for a cash payment if you are a member of either Consumer Class A or Consumer Class B and you can provide the following required information to the Settlement Administrator:

  • Consumer Class A: The settlement benefit for Consumer Class A is $55. In order to be eligible to for the $55 benefit, you must provide the following to the Settlement Administrator by the Claim Deadline:
    1. A completed and signed Claim Form; and
    2. Proof of Purchase; and
    3. Proof that you used the Other OS functionality.
Acceptable proof of purchase is either a receipt, credit card statement or other documentation that shows the date and location of your purchase or the serial number of your Fat PS3 and the PlayStation Network Sign-In ID that you used with your Fat PS3 before April 1, 2010. The Claim Form provides a place to insert your serial number and PlayStation Network Sign-in ID.

Acceptable proof that you used the Other OS functionality includes the following: (a) proof of purchase before April 1, 2010 of a version of Linux that is compatible with and was installed on your Fat PS3; (b) proof that you downloaded a version of Linux that was compatible with and was installed on your Fat PS3 prior to April 1, 2010; (c) a screenshot (or picture) showing Linux operating on your Fat PS3; (d) a screenshot (or picture) showing that a portion of your Fat PS3 hard drive is still formatted for the Other OS with Linux installed; (e) proof that you communicated with SCEA or a third party before December 31, 2010, to discuss your use of the Other OS or your concerns about Update 3.21, for example, copies of an email from you or a message that you posted on a message board that discusses your use of the Other OS functionality or Linux on the Fat PS3; or (f) any other documentary proof you may have that shows that you used the Other OS functionality before April 1, 2010 that the Settlement Administrator determines to be valid.

If you are a member of Consumer Class A but don’t have proof that you used the Other OS functionality, you may still submit a claim for Consumer Class B if you can satisfy the submission requirements for Consumer Class B. You may not submit a claim for benefits for the same console pursuant to both Consumer Class A and Consumer Class B.
  • Consumer Class B: The settlement benefit for Consumer Class B is $9. In order to be eligible for the $9 award, you must provide the following to the Settlement Administrator by the Claim Deadline:
    1. A completed and signed Claim Form; and
    2. Proof of Purchase.
You will be required to attest under penalty of perjury on the Claim Form either: (1) that you knew about the Other OS functionality when you purchased your Fat PS3, relied upon the Other OS functionality in making your purchase, and intended at the time of purchase to use the Other OS functionality; or (2) that you lost value and/or desired functionality and/or were otherwise injured by the disabling of the Other OS functionality through Firmware Update 3.21.

Acceptable proof of purchase is either a receipt, credit card statement or other documentation that shows the date and location of your purchase or the serial number of your Fat PS3 and the PlayStation Network Sign-In ID that you used with your Fat PS3 before April 1, 2010.

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9. HOW DO I GET A CASH PAYMENT?

If you are eligible to receive a benefit pursuant to either Consumer Class A or Consumer Class B, then you must submit a Claim Form to the Settlement Administrator in order to receive a cash payment. Electronic Claim Forms are available here. You may also obtain a Claim Form by calling the Settlement Administrator at 1 (855) 720-1264. The Claim Form will ask you to provide the proof of purchase and other information outlined in Question 8, above and will provide information on how to either upload or mail that information to the Settlement Administrator. Further information on submitting a Claim Form is provided in Question 10, below.

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10. HOW DO I SUBMIT A CLAIM FORM AND WHAT IS THE DEADLINE?

You have two options for submitting a Claim Form:

  • Online: You can submit a Claim Form here.
  • By mail: You can print and fill out the Claim Form that is on this Settlement Website or request that the Settlement Administrator mail you a Claim Form, and then mail your completed Claim Form (with postage) to:
  • In re Sony PS3 “Other OS” Litigation
    c/o Garden City Group, LLC
    P.O. Box 10312
    Dublin, OH 43017-5912

    You must follow the instructions and provide all of the required information on the Claim Form. Your claim will be rejected if you fail to provide the proof of purchase and other required information outlined in paragraph 8, above, or if your Claim Form is otherwise incomplete.

    Online Claim Forms must be submitted by December 7, 2016. Claim Forms submitted by mail must be postmarked by December 7, 2016.

    If your online Claim Form is not submitted by December 7, 2016 or your mailed Claim Form is not postmarked by December 7, 2016, then your claim will be rejected.

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11. WHAT HAPPENS AFTER A CLAIM FORM IS SUBMITTED?

The Settlement Administrator will determine whether your Claim Form is complete and that the proof of purchase and other information that you submitted with your Claim Form is valid. The Settlement Administrator may contact you for additional information if:

  1. multiple claims with the same serial number are submitted;
  2. a serial number is submitted but the console with that serial number is not associated with the PlayStation Network ID identified by claimant;
  3. a serial number is submitted that raises reasonable suspicion concerning the legitimacy of the serial number or the claim; or
  4. more than one claim is submitted from the same household, i.e., the same postal address.
The Settlement Administrator can ask you for proof of purchase if you submitted a serial number and PlayStation Network Sign-In ID with your Claim Form instead of proof of purchase. The Settlement Administrator can also ask you to provide the date and location of your Fat PS3 purchase or other information as may be reasonably necessary for the Settlement Administrator to establish that your claim is legitimate. Your claim will be rejected if you are contacted by the Settlement Administrator for additional information but you do not provide the information requested.

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12. CAN I SUBMIT MORE THAN ONE CLAIM?

Yes, you can submit one claim for each Fat PS3 that you purchased as long as you are a member of Consumer Class A or Consumer Class B as defined above in Question 8 above. Note, however, that if you have more than one console and submit multiple claims from the same household, the Settlement Administrator may ask you to provide additional information as set forth above in Question 11 above. Your claims will be rejected if you fail to submit any additional information that the Settlement Administrator requests.

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13. WHEN WILL I RECEIVE MY PAYMENT?

Judge Gonzalez Rogers will hold a Final Approval Hearing on January 24, 2017, to decide whether to approve the Settlement. If Judge Gonzalez Rogers approves the Settlement and there are no appeals, the cash payments will be made approximately 40 days thereafter. However, it is possible there may be appeals related to the final approval, any attorneys’ fees or costs awarded, or any incentive award to the Class Representatives. It is always uncertain whether and how these appeals will be resolved and resolving them may take time, perhaps more than a year. This Settlement Website will be updated with current Settlement information including if final approval is entered and the date on which cash payments will be made. Please be patient.

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14. AM I GIVING UP ANY LEGAL RIGHTS BY STAYING IN THE CLASS?

Yes. Unless you exclude yourself from the class, you will agree to a "Release" of all of the claims described in Paragraphs 115-119 of the Settlement Agreement, which is available online here. This means that you will not be able to sue, continue to sue, or be part of any other lawsuit or Arbitration against SCEA about the Released Claims, regardless of whether you submit a Claim Form for settlement benefits. It also means that the Court’s orders will apply to you and legally bind you.

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15. WHAT HAPPENS IF I DO NOTHING?

If you do nothing and the Court finally approves this Settlement, you will be bound by the release of claims in this Settlement as described above even though you did not submit a Claim Form.

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16. HOW DO I EXCLUDE MYSELF FROM THE SETTLEMENT?

To exclude yourself from the Settlement, you must send a written statement, either by mail or email, to the Settlement Administrator saying that you want to be excluded from the lawsuit entitled In re Sony PS3 "Other OS" Litigation. Your request must include:

  • Your name and address;
  • If applicable, the name and address of any person claiming to be legally entitled to submit an exclusion request on your behalf and the basis for such entitlement;
  • Proof of Purchase or a Fat PS3 serial number and PSN Network Sign-In ID, if available; and
  • A statement that you want to be excluded from the Class. You must personally sign your request for exclusion.

A sample request for exclusion letter is available online here. You cannot exclude yourself by phone. Your exclusion request must be emailed or postmarked on or before December 7, 2016. Send your exclusion request to:

In re Sony PS3 "Other OS" Litigation
c/o Garden City Group, LLC
P.O. Box 10312
Dublin, OH 43017-5912
info@OtherOsSettlement.com

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17. IF I DON’T EXCLUDE MYSELF, CAN I SUE FOR THE SAME THING LATER?

No. Unless you exclude yourself, you give up the right to sue any of the Released Parties, including SCEA, about the issues raised in the Lawsuit.

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18. HOW DO I OBJECT TO THE SETTLEMENT?

If you are a Class Member and don’t exclude yourself, you can object to any part of the Settlement, the Settlement as a whole, Class Counsel’s request for attorneys’ fees and expenses, and/or the request for service awards for each of the Class Representatives. Any objection must be made in writing and include the following information:

  • The name of this case, which is In re Sony PS3 “Other OS” Litigation, U.S. District Court, N.D. Cal., Case No. C10-1811 (YGR);
  • Your full name, address, and telephone number;
  • Proof of Purchase of a PS3 or a PS3 Serial Number and PSN Network ID;
  • If applicable, the name and address of any person claiming to be legally entitled to object on your behalf and the basis of such legal entitlement;
  • All grounds for your objection;
  • Whether you are represented by counsel and, if so, the identity of such counsel;
  • Your signature (an attorney’s signature is not sufficient).

To be considered, your objection must be mailed to the Settlement Administrator at:

In re Sony PS3 “Other OS” Litigation
c/o Garden City Group, LLC
P.O. Box 10312
Dublin, OH 43017-5912

Postmarked no later than December 7, 2016.

If you don’t send a timely or complete objection, you will waive all objections to the Settlement and you won’t be allowed to object to the Settlement at the Fairness Hearing or otherwise.

Even if you object to the Settlement, you will be eligible for cash payments as set forth above in Question 8 if you submit a valid claim, and you will still be bound by all terms of the proposed Settlement if it is finally approved by the Court.

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19. WHAT’S THE DIFFERENCE BETWEEN OBJECTING AND EXCLUDING?

You object to the Settlement when you wish to remain a Class Member and be subject to the Settlement, but disagree with some aspect of the Settlement. An objection allows your views to be heard in Court.

In contrast, excluding yourself from the proposed Settlement means that you are no longer part of the proposed Settlement and don’t want the Settlement to apply to you even if the Court finally approves it. Once excluded from the proposed Settlement, you lose any right to receive a cash payment from the Settlement or to object to any aspect of the Settlement because the case no longer affects you.

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20. WHAT HAPPENS IF I DO NOTHING AT ALL?

If you do nothing and the Court grants final approval of the proposed Settlement, you will be included in the Settlement, will be bound by the release of claims in the Settlement Agreement and will be giving up your rights to be part of any other lawsuit or make any other claim against SCEA or other Released Parties about the issues raised in the Lawsuit (see Question 14). The Settlement Agreement, available here, describes all of the claims you will release (give up).

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21. WHEN AND WHERE WILL THE COURT DECIDE WHETHER TO APPROVE THE SETTLEMENT?

The Court will hold the Fairness Hearing at 2:00 p.m. on January 24, 2017, at the United States District Court for the Northern District of California, Oakland Courthouse, Courtroom 1, 4th Floor, 1301 Clay Street, Oakland, CA 94612. The hearing may be moved to a different date or time without notice, so check for updates on this Settlement Website. At this hearing, the Court will consider whether the proposed Settlement is fair, reasonable, and adequate. The Court will also consider Class Counsel’s application for attorneys’ fees and expenses and for service awards for the Class Representatives. If there are objections, the Court will consider them at the hearing. After the hearing, the Court will decide whether to approve the Settlement. We don’t know how long the decision will take.

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22. DO I HAVE TO ATTEND THE HEARING?

No, you don’t have to attend the Fairness Hearing. Class Counsel will answer any questions the Court may have. If you or your personal attorney would like to attend the Fairness Hearing, you are welcome to do so at your expense. If you send a written objection, you don’t have to come to Court to talk about it. As long as you submit your written objection by December 7, 2016, to the proper address, and it complies with the requirements set forth in Question 18, above, the Court will consider it.

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23. MAY I SPEAK AT THE HEARING?

You may ask the Court for permission to speak at the Fairness Hearing. If you intend to speak at the Fairness Hearing, you may, but you are not required to, file with the Court and serve by First-Class mail on Class Counsel and SCEA’s Counsel, a Notice of Intention to Appear. Your Notice of Intention to Appear should be filed and served by December 7, 2016. In addition to sending it to the Court, please send your Notice of Intent to Appear to the following:

CLASS COUNSEL

James Pizzirusso
Hausfeld LLP
1700 K St. NW. Ste. 650
Washington, D.C. 20006
(202) 540-7200
Fax: (202) 540-7201
Email: jpizzirusso@hausefeldllp.com

Rosemary M. Rivas
Finkelstein Thompson LLP
One California Street, Suite 900
San Francisco, CA 94111
415-398-8700
Fax: 415-398-8704
Email: rrivas@finkelsteinthompson.com

Kathleen V. Fisher
Calvo Fisher & Jacob LLP
555 Montgomery Street
Suite 1155
San Francisco, CA 94111
415-374-8370
Fax: 415-374-8373
Email: kfisher@calvofisher.com

SCEA, LLC COUNSEL

Luanne Sacks
Michele Floyd
Michael Scott
Sacks, Ricketts & Case LLP
177 Post Street, Suite 650
San Francisco, CA 94108
Email: lsacks@srclaw.com
mfloyd@srclaw.com

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24. DO I HAVE A LAWYER IN THE CASE?

The Class Representatives and the Class are represented by the lawyers and law firms listed in Question 23, above, under the heading “Class Counsel.” The Court has appointed these lawyers to represent the Class in the Lawsuit and you will not be charged for their work on the case. If you want to be represented by your own lawyer, you may hire one at your own expense.

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25. HOW WILL THE LAWYERS BE PAID?

Class Counsel have worked on this case since April 2010 to the present and have not been paid for their work to date. Class Counsel will ask the Court to approve payment of a maximum of $2,250,000 in attorneys’ fees and expenses and SCEA has agreed not to object to Class Counsel’s request provided it does not exceed $2,250,000 in total for attorneys’ fees and expenses.

Class Counsel will also ask the Court to award to each of the five (5) Class Representatives a service award not to exceed $3,500. This service award is to compensate the Class Representatives for their respective commitment and effort on behalf of the Class Members in the Lawsuit. SCEA has agreed not to object to this request provided it does not exceed $3,500 for each of the five (5) Class Representatives.

SCEA will separately pay the attorneys’ fees, expenses, and the service awards. These amounts will not in any way diminish the settlement benefits provided to the Class Members.

Class Counsel’s application for attorneys’ fees, expenses, and service awards will be available here when it is filed.

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26. HOW DO I GET MORE INFORMATION?

This Settlement Website summarizes the proposed Settlement. You can find more details in the Settlement Agreement. You can get a copy of the Settlement Agreement, read other key case documents, and get more information here. You can also call 1 (855) 720-1264 for more information. DO NOT CONTACT THE COURT, SCEA, OR SCEA’S COUNSEL.

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